EPA v. NEW YORK, CITY OF

Case summary

THE CONSENT ORDER (THE ORDER ) ISSUED TO THE CITY OF NEW YORK (THE CITY ) IN THIS MATTER REQUIRES THE REMOVAL AND REPLACEMENT OF VARIOUS FLOW CONTROL EQUIPMENT (THE EQUIP- MENT ) IN FOUR BUILDINGS IN THE CITY'S WATER SUPPLY SYSTEM. THE ORDER ALSO PROVIDES FOR THE REMEDIATION OF THESE FOUR BUILDINGS, WHICH ARE REFERRED TO AS GATEHOUSES. BASED ON REGIONAL INSPECTIONS AND OTHER REPORTS, THE NREGION PREPARED THE ORDER CONCERNING THE GATEHOUSES BECAUSE THE EQUIPMENT CONTAINED MERCURY UTILIZED AS A SEAL, OIL CONTAINING POLYCHLORINATED BIPHENYLS ( PCBS ) AND LEAD. THE POTENTIAL THAT THESE CONTAMINANTS COULD ENTER THE CITY'S WATER SUPPLY OR THE ENVIRONMENT AND THE FACT THAT THE GATE- HOUSES ARE WORK SITES FOR CITY EMPLOYEES MADE AN IMMEDIATE PREVENTATIVE PROGRAM NECESSARY. THE CITY AGREED TO THE TERMS OF THE ORDER, AND IS ALREADY IMPLEMENTING MOST OF THE REQUIREMENTS. THE ORDER IMPOSES MANY REQUIREMENTS ON THE CITY INCLUDING THE REMOVAL AND REPLACEMENT OF THE EQUIPMENT, REMEDIATION OF THE GATEHOUSES, WEEKLY MONITORING OF THE WATER SUPPLY FOR MERCURY, PCBS AND LEAD, VISUAL INSPECTIONS AND AIR MONITOR- ING OF THE GATEHOUSES, THE IMPLEMENTATION OF HEALTH AND SAFETY PLANS TO PROTECT CITY EMPLOYEES, AND REGULAR UPDATES ON THE PROJECT'S STATUS. THE REGION WILL ADMINISTER THE ORDER AND OVERSEE THE WORK TO BE PERFORMED BY THE CITY. THE PROPOSED ORDER ALSO PROVIDES FOR STIPULATED PENALTIES IF THE CITY FAILS TO COMPLY WITH THE ORDER'S REQUIREMENTS.

Defendants (1)

• NEW YORK, CITY OFNamed in settlement

Facilities (3)

• NYCDEP SHAFT 18 DELAWARE AQ / GATEHOUSE 18

  COONEY HILL RD, PLEASANTVILLE, NY, 10570

  Registry ID: 110010787096

• NYCDEP SHAFT 17 DEL AQDT

  COONEY HILL RD & 1 MI S RTE 22, ARMONK, NY, 10504

  Registry ID: 110007984547

• NYCDEP SHAFT 10 DELAWARE AQ

  RTE 6 AT INCINERATOR RD, CARMEL, NY, 10512

  Registry ID: 110007986215

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• CITY OF NEW YORKentered 2000-09-25

  Primary law: RCRA

Timeline (3 milestones)

• 2000-09-25Final Order Issued
• 2000-09-25Enforcement Action Closed
• 2000-10-03Enforcement Action Data Entered